LEWIS v. MARTIN

No. 829.

397 U.S. 552 (1970)

LEWIS ET AL. v. MARTIN, DIRECTOR, CALIFORNIA DEPARTMENT OF SOCIAL WELFARE, ET AL.

Supreme Court of United States.

Decided April 20, 1970


Attorney(s) appearing for the Case

Anthony G. Amsterdam argued the cause for appellants. On the brief were Rubin Tepper, Steven J. Antler, and Peter Sitkin.

Jay S. Linderman, Deputy Attorney General of California, argued the cause for appellees. With him on the brief were Thomas C. Lynch, Attorney General, and Elizabeth Palmer, Deputy Attorney General.

Francis X. Beytagh, Jr., argued the cause for the United States as amicus curiae urging reversal. On the brief were Solicitor General Griswold, Assistant Attorney General Ruckelshaus, Lawrence G. Wallace, and Alan S. Rosenthal. Martin Garbus and Carl Rachlin filed a brief for the Center on Social Welfare Policy & Law et al. as amici curiae urging reversal.


MR. JUSTICE DOUGLAS delivered the opinion of the Court.

Appellants are mothers and children who receive welfare assistance under California law.1 At the time these actions were commenced, California law provided2 that payments to a "needy child" who "lives with his mother and a stepfather or an adult male person assuming the role of spouse to the mother although not...

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